What to do when the inheritance was received by someone else?

What to do when the inheritance was received by someone else?

Your loved one in Poland has just died? Did you get information that you will not inherit after her / him because the whole inheritance was rewritten to another person? Do you want to fight for the inheritance you owe? We can help you!

The Polish law provides for the institution of the “reserve inheritance” which also exists in France. This means that if you are the closest person to the testator, you should get at least a small part of his inheritance. Even if your relative before death has given away all his property, you still have the right to receive a part of the inheritance.

So the freedom to test is not unlimited. The main purpose is to protect these particular heirs.
Hereditary reserve in Poland? How does it work? How is the inheritance reserve calculated?

The following persons are protected by this rule:
– the descendants of the testator (children, grandchildren, great-grandchildren, etc.);
– the spouse of the testator;
– the testator’s parents – but only when the testator had no descendants at the time of his death.

The percentage of the inheritance reserve in Poland is as follows:

Descendants, spouses and parents of the testator who were not included in the will and are permanently unable to work are entitled to 2/3 of the value of the inheritance that would remain for them in case of legal succession in the absence of a will.

Minor descendants are also entitled to 2/3 of the value of the share of the inheritance that would remain for them in the event of legal succession in the absence of a will.

In other cases, where the descendants, spouses and parents of the testator are not incapacitated for work or minors, are entitled to half of the value of the share of the inheritance that would remain for them in the event of legal succession in the absence of a will.

Example: X dies leaving an estate of €300,000 and 2 adult children and the spouse. If the deceased did not leave a will, the spouse and children would each receive €100,000 from the estate. If the deceased made a will, the spouse and children will each receive €50,000 of the estate. If the children are minors, they will each receive €66,666.